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PEOPLE v. O'CONNOR

No. 2-99-0114.

728 N.E.2d 1175 (2000)

313 Ill. App.3d 134

245 Ill.Dec. 818

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Richard M. O'CONNOR, Defendant-Appellant.

Appellate Court of Illinois, Second District.

May 1, 2000.

Attorney(s) appearing for the Case

John F. Donahue, Glenn M. Sowa, Law Offices of Donahue, Sowa & Bugos, Geneva, for Richard O'Connor.

Joseph E. Birkett, Du Page County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, Lawrence M. Bauer, State's Attorneys Appellate Prosecutor, Elgin, Linda S. Kagan, Chicago, for the People.

Justice HUTCHINSON delivered the opinion of the court:

Defendant, Richard M. O'Connor, was charged with driving under the influence of alcohol (DUI) (625 ILCS 5/11-501(a)(1) (West 1998)) and improper lane usage (625 ILCS 5/11-709(a) (West 1998)). Before trial, defendant filed a petition to rescind the statutory summary suspension of his driver's license, arguing that the breathalyzer used to measure his blood-alcohol concentration was improperly certified. The trial...

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